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BACKGROUND MATERIALS
Overview of the Criminal Justice Process: The Steps in the Process
Overview of Proving Crimes
Model Penal Code Section 1.12
Notes
PART I. INTRODUCTORY MATERIALS
Section 1. The Nature and Structure of Criminal Law
Overview of the Nature of Criminal Law
Hypothetical: Fear, Pain, and Bubble Gum (#1)
Model Penal Code Sections 2.02, 2.11, 2.12, 3.02
Notes
Overview of the Sources of Criminal Law
Notes
Overview of the Operational Structure of Criminal Law
Hypothetical: Fear of the Daggers (#2)
Notes
Overview of the Functions of Criminal Law Doctrine
Hypothetical: Your Basement Burglar (#3)
Introduction: Three Functions
Doctrines of Rule Articulation
Doctrines of Liability
Doctrines of Grading
Distinguishing Between Functions
Section 2. The Legality Principle
The Case of Ray Brent Marsh (#4)
The Law
Code of Georgia Annotated (2002)
Georgia Cases
Model Penal Code Sections 1.05, 250.10
Overview of the Legality Principle
Notes
The Doctrines
The Rationales
Countervailing Interests
Legality in Context
Calder v. Bull
Problems
The Human Puppet Master (#5)
Is a Fetus Less Human Than Human? (#6)
Gangsters Can’t Stop (#7)
Marsh Continued . . . (#8)
Discussion Issue and Materials
Issue: Should the Criminal Law Recognize an Exception to the Legality Principle When the Crime Is Serious?
Report to the President from Justice Robert H. Jackson, Chief of Counsel for the United States in the Prosecution of Axis War Criminals
Gerry J. Simpson, Didactic and Dissident Histories in War Crimes Trials
Overview of Statutory Interpretation
Notes
Discussion Issue and Materials
Issue: Should criminal statutes be interpreted using a “rule of lenity,” under which ambiguities are resolved in favor of the defendant?
Dan M. Kahan, Lenity and Federal Common Law Crimes
Zachary Price, The Rule of Lenity as a Rule of Structure
Lawrence M. Solan, Law, Language, and Lenity
Section 3. Theories of Punishment
The Case of Sara Jane Olson (#9)
The Law
Deering’s California Penal Code Annotated (1975)
Model Penal Code Section 1.02
American Law Institute, Model Penal Code Amended Section 1.02(2)
Overview of Theories of Punishment
Hypothetical: Daughters’ Mustard (#10)
Notes
Overview of Constructing a Distributive Principle
Notes
Problems
Sara Jane Olson—Revisited (#11)
Stopping Desertions in a Time of War (#12)
Air Conditioning Fraud as Strike Three (#13)
Discussion Issue and Materials
Issue: Which Principle or Combination of Principles Should the Criminal Law Use in Determining How Much Liability and Punishment Should be Distributed to Whom?
Michael T. Cahill, Punishment Pluralism
Model Penal Code Section 1.02(2)(a) commentary amendments (Am. Law Inst., Tentative Draft No. 1 2007)
Paul H. Robinson, The A.L.I.’s Proposed Distributive Principle of “Limiting Retributivism”: Does It Mean in Practice Anything Other than Pure Desert?
PART II. OFFENSE REQUIREMENTS
Section 4. Culpability Requirements
The Case of Thomas Fungwe (#14)
The Law
Michigan Statutes Annotated (1999)
Michigan Cases
Model Penal Code Sections 1.13, 2.02
The Case of Raymond Lennard Garnett (#15)
The Law
Annotated Code of Maryland (1990)
Cases
Overview of Culpability Requirements
Hypothetical: Babies and Ditches (#16)
Notes
Model Penal Code Section 2.02 Commentary, Applying Culpability Requirements
Morissette v. United States
Problems
A Vegan Death (#17)
Cut! (#18)
The Weight of Authority (#19)
Rough Play (#20)
Notes on Minimum Culpability Requirements: Negligence and Strict Liability
Discussion Issue and Materials
Issue: What is the Minimum Culpability, If Any, That Should Be Required for Criminal Liability?
Glanville Williams, Reasons for Punishing Negligence
Model Penal Code Section 2.02 Commentary
Samuel H. Pillsbury, Crimes of Indifference
Larry Alexander & Kimberly Kessler Ferzan with Stephen Morse, Negligence
Laurie L. Levenson, Good Faith Defenses: Reshaping Strict Liability Crimes
Section 5. Culpability and Mistake
The Case of Thomas Laseter (#21)
The Law
Alaska Statutes (1982)
Model Penal Code Section 2.04
Overview of Mistake Defenses
Notes
People v. Olsen
Problems
Stomach, Kidney, Whatever (#22)
Life-Saving Necrophilia (#23)
Discussion Issue and Materials
Issue: Should the Reasonableness of Beliefs (Including Mistaken Beliefs) Be Judged by an Objective or an Individualized Standard?
H. L. A. Hart, Punishment and Responsibility
Model Penal Code Section 2.02 Commentary
George P. Fletcher, The Theory of Criminal Negligence: A Comparative Analysis
PART III. GRADING LIABILITY: THE EXAMPLE OF HOMICIDE
Section 6. Homicide: Doctrines of Aggravation
The Case of Sabine Davidson (#24)
The Law
Kansas Statutes Annotated (1997)
The Kansas Sentencing Commission Desk Reference Manual
Model Penal Code Sections 210.1, 210.2, 210.3, 210.4, 1.12
Overview of Homicide Aggravations
Notes on Reckless Murder
Hypothetical: Visiting a Witness (#25)
Notes on Felony Murder
Mayes v. People
Model Penal Code Section 210.2 Commentary: Felony Murder
Problems
An Exxon Kidnap Gone Bad (#26)
Fleeing as Murder (#27)
A Robbers’ Dispute (#28)
Killing Your Co-Felon Through a Gun Battle with Police (#29)
Discussion Issue and Materials
Issue: Should the Criminal Law Recognize a Felony Murder Rule?
Model Penal Code Section 210.2 Commentary, Felony Murder
Guyora Binder, The Culpability of Felony Murder
Section 7. Death Penalty
The Case of William King (#30)
The Law
Texas Penal Code (1998)
Texas Code of Criminal Procedure (1998)
Model Penal Code Section 210.6
Overview of the Death Penalty
Notes
Gregg v. Georgia
Sourcebook of Criminal Justice Statistics
Problems
Drunk Driving as Capital Murder (#31)
Child Rape and the Death Penalty (#32)
The Original Nuclear Proliferation (#33)
Discussion Issue and Materials
Issue: Should Capital Punishment Be Allowed?
Hugo A. Bedau, Arguments For and Against Capital Punishment
Daniel S. Nagin & John V. Pepper (eds.), Deterrence and the Death Penalty
Richard C. Dieter, The Future of the Death Penalty in the United States
Ernest van den Haag, Punishing Criminals
Robert Weisberg, Deregulating Death
Section 8. Homicide: Doctrines of Mitigation
The Case of John Gounagias (#34)
The Law
Annotated Codes and Statutes of Washington (1914)
Michigan Case
Model Penal Code Sections 210.2, 210.3
Overview of Homicide Mitigations
Notes
United States v. Brawner
Problems
The Vigilante Mother (#35)
A Mercy Killing as His Last Act (#36)
Escaping the Aliens (#37)
Discussion Issue and Materials
Issue: Should One Have the Right to End One’s Own Life? If So, Should Others Be Able to Help if Necessary?
Model Penal Code, Section 210.5 Commentary
Neil M. Gorsuch, The Right to Assisted Suicide and Euthanasia
Robert M. Hardaway et. al., The Right to Die and the Ninth Amendment: Compassion and Dying After Glucksberg and Vacco
Section 9. Causation
The Case of Joe Paul Govan (#38)
The Law
Arizona Revised Statutes (1980)
Model Penal Code Sections 2.03, 5.05
Overview of Causation
Hypothetical: Manny the Master (#39)
Notes
Commonwealth v. Root
Problems
Two Killers, One Killing (#40)
Pulling Out His Own Tubes (#41)
A Patriotic Suicide (#42)
A Jump to Escape, and Drown (#43)
Homicide Review Problem
Can You Be Your Own Intervening Actor? (#44)
Discussion Issue and Materials
Issue: Should Resulting Harm Be Relevant to Criminal Liability? Should a Completed Offense Be Punished More than an Unsuccessful Attempt?
Michael S. Moore, The Independent Moral Significance of Wrongdoing
George P. Fletcher, A Crime of Self-Defense: Bernhard Goetz and the Law on Trial
Paul H. Robinson, The Role of Harm and Evil in Criminal Law: A Study in Legislative Deception?
PART IV. INCHOATE LIABILITY
Section 10. Attempt Liability
The Case of Robert Jackson (#45)
The Law
United States Code (1976)
Federal Case
Model Penal Code Sections 5.01, 5.05
Overview of Attempt Liability
Hypothetical: A Plan to Kill (#46)
Notes
State v. Maestas
Problems
Second Thoughts on a Holiday Breakout (#47)
No Risk, No Foul? (#48)
Killing with AIDS (#49)
Discussion Issue and Materials
Issue: How Much Conduct Toward an Offense Should Be Sufficient to Constitute a Criminal Attempt?
Model Penal Code Section 5.01 Commentary, General Distinction Between Preparation and Attempt
Andrew Ashworth, Criminal Attempts and the Role of Resulting Harm under the Code, and in the Common Law
Section 11. Impossibility
The Case of John Henry Ivy (#50)
The Law
Mississippi Code Annotated (1988)
Mississippi Case
Model Penal Code Sections 5.01, 5.05
Overview of Impossibility
Hypothetical: The Smuggler’s Deceit (#51)
Notes
People v. Rollino
Problems
Lethal Spitting (#52)
An Impossible Rape (#53)
In re “The Nose . . . ” (#54)
Discussion Issue and Materials
Issue: If, Under the Circumstances, There is Little or No Objective Likelihood of an Attempt Being Successful, Should the Attempt Nonetheless Constitute a Crime? In Other Words, Should a Potential for Actual Commission Be Required, or Is a Subjective Belief in the Potential for Commission Enough?
George P. Fletcher, A Crime of Self-Defense: Bernhard Goetz and the Law on Trial
Model Penal Code Section 5.01 Commentary, Impossibility—Policy Considerations
Lawrence Crocker, Justice in Criminal Liability: Decriminalizing Harmless Attempts
Section 12. Conspiracy
The Case of Sheik Omar Abdel Rahman (#55)
The Law
United States Code, Title 18 (1993)
Federal Cases
Model Penal Code Sections 5.03, 1.07, 5.05
Overview of Conspiracy
Notes
State v. Hardison
Problems
Arranging a Birthday Party Fight, or a Killing? (#56)
Truck Driver or Drug Smuggler? (#57)
Cannibal Cop or Harmless Fantasizer? (#58)
No Risk, No Foul?—Revisited (#59)
Discussion Issue and Materials
Issue: In Addition to Using Conspiracy as an Inchoate Offense, Should the Law Also Recognize It as a Substantive Offense in Order to Aggravate Punishment for Group Criminality?
Developments in the Law: Criminal Conspiracy
Model Penal Code Section 5.03 Commentary, Criminal Conspiracy—Introduction
Cass R. Sunstein, Why They Hate Us: The Role of Social Dynamics
PART V. DOCTRINES OF IMPUTATION
Section 13. Voluntary Intoxication
The Case of Jordan Weaver (#60)
The Law
West’s Annotated Indiana Codes (1991)
Indiana Cases
Model Penal Code Section 2.08
Overview of Voluntary Intoxication
Hypothetical: Food for Thought (#61)
Notes
Mitchell Keiter, Just Say No Excuse: The Rise and Fall of the Intoxication Defense
Director of Public Prosecutions v. Majewski
Problems
Poker Interrupted (#62)
Blacked Out Drunk, Murderer (#63)
Discussion Issue and Materials
Issue: How, if at all, Should an Offender’s Voluntary Intoxication Affect His Criminal Liability?
Commonwealth v. Daniel Lee Graves
Model Penal Code Section 2.08 Commentary
Stephen J. Morse, Fear of Danger, Flight from Culpability
Paul H. Robinson, Causing the Conditions of One’s Own Defense: A Study in the Limits of Theory in Criminal Law Doctrine
Law (Subsequent)
Current Indiana Statutes (2006)
Sanchez v. State
Problem
Escaping the Aliens—Revisited (#64)
Section 14. Complicity
The Case of Cardinal Bernard Law (#65)
The Law
Massachusetts General Laws Annotated (1988)
Massachusetts Cases
Model Penal Code Section 2.06
Overview of Complicity
Hypothetical: Bib Tries to Help (#66)
Notes
State v. Etzweiler
Problems
Wrong Place, Wrong Race (#67)
Call-Girl Phone Service (#68)
Cheering on Rapists (#69)
Murder by Cop? (#70)
Discussion Issue and Materials
Issue: Should Criminal Liability Be Imposed for Facilitating Conduct that One Knows Is a Crime, Even if Facilitating the Crime Is Not One’s Purpose?
Model Penal Code Section 2.04, Tentative Draft No. 1 Commentary, Liability of Accomplices
New York Criminal Facilitation Statutes
Model Penal Code Section 2.06 Commentary, Liability of Accomplices—Culpability
Paul H. Robinson & John M. Darley, Study 9: Culpability Requirements for Complicity
Section 15. The Act Requirement and Omission Liability
The Case of David Cash (#71)
The Law
Nevada Revised Statutes Annotated (1998)
Nevada Cases
Model Penal Code Section 2.01
Overview of the Act Requirement
Notes
Martin v. State
Overview of Liability for an Omission
Hypothetical: Dunning’s Deal (#72)
Notes
Jones v. United States
Problems
Can a Mother Rape a Daughter Through a Husband? (#73)
Stepping Over the Corpse in Aisle 3 (#74)
Discussion Issue and Materials
Issue: Should There Be a Criminal-Law-Enforced Duty to Protect, Res-cue, or Assist a Stranger in Danger if One Can Do So Without Un-reasonable Risk or Inconvenience?
37 Who Saw Murder Didn’t Call Police
Rhode Island General Laws Section 11-56-1 (2006)
Vermont Statutes Annotated, Title 12, Chapter 23, Section 519 (2006)
Wisconsin Statutes Annotated Section 940.34(1), (2), (3) (2006)
Joshua Dressler, Some Brief Thoughts (Mostly Negative) About “Bad Samaritan” Laws
Daniel B. Yeager, A Radical Community of Aid: A Rejoinder to Opponents of Affirmative Duties to Help Strangers
PART VI. GENERAL DEFENSES
Part VI.a. Justification Defenses
Overview of Justification Defenses
Section 16. Lesser Evils Defense
The Case of the Israeli General Security Service (#75)
The Law
Israeli Penal Law (1995)
Israeli Case
Model Penal Code Section 3.02
Overview of Lesser Evils Defense
Hypothetical: A Life-Saving Break-In (#76)
Notes
The Queen v. Dudley and Stephens
Problems
Torture to Save a Kidnap Victim (#77)
Fight, Submit, or Escape (#78)
No to Nuclear Power (#79)
Burning Out the Local Crack House (#80)
The Bomb Thief (#81)
Life-Saving Necrophilia—Revisited (#82)
Hypothetical: Bikers’ Break (#83)
Discussion Issue and Materials
Issue: Are There Any Circumstances in Which It Would Be Justifiable to Use Torture in the Interrogation of a Suspected Terrorist to Save the Life of an Intended Victim?
Michael Levin, The Case for Torture
Jeannine Bell, “Behind This Mortal Bone:” The (In)Effectiveness of
Torture
Alan Dershowitz, Should the Ticking Bomb Terrorist Be Tortured?
David Luban, Liberalism, Torture, and the Ticking Bomb
Section 17. Public Authority Justifications
The Case of Officer Elton Hymon (#84)
The Law
Tennessee Code Annotated (1974)
Tennessee Cases
Model Penal Code Sections 3.03, 3.07, 3.08, 221.1
Overview of Public Authority Justifications
Notes
Scott v. Harris
Problems
Aggressive Fishing (#85)
Keeping Rodney King Down (#86)
Killing Your Co-Felon Through a Gun Battle with Police—Revisited (#87)
Discussion Issue and Materials
Issue: How Should the Values of Officer Safety and Citizen Security Be Balanced in Police Use-of-Force Situations to Best Promote the Legitimacy of the Criminal Justice System?
Kenneth Lawson, Police Shooting of Black Men and Implicit Racial Bias: Can't We All Just Get Along
Walter Katz, Enhancing Accountability and Trust with Independent Investigations of Police Lethal Force
Paul Robinson, Black Lives Movement Can Improve Justice System
J. Michael McGuinness, Law Enforcement Use of Force: Safe and E fective Policing Requires Retention of the Reasonable Belief Standard Amy Brittain, On Duty Under Fire
Section 18. Defensive Force Justifications
The Case of Bernhard Goetz (#88)
The Law
New York Penal Law (1984)
Model Penal Code Sections 3.04, 3.05, 3.06
Overview of Defensive Force Justifications
Hypothetical: Rosie’s Home Run (#89)
Notes
Judgment of the German Supreme Court of September 20, 1920
Problems
Archery and Arson in the Garage (#90)
A Homemade Burglary System (#91)
In Defense of an Unborn (#92)
Discussion Issue and Materials
Issue: Should the Criminal Law Give a Defense for the Use of Whatever Force Is Necessary to Defend Persons or Property Against an Unlawful Attack? Or, Should the Law Deny a Defense if the Force, Even Though Necessary for Defense, Would Injure Interests Greater Than Those Injured by the Unlawful Attack?
John Q. LaFond, The Case for Liberalizing the Use of Deadly Force in Self-Defense
Model Penal Code Section 3.04 Commentary, Limitations on Use of Deadly Force
Model Penal Code Section 3.06 Commentary, Deadly Force
Garrett Epps, Any Which Way But Loose: Interpretive Strategies and Attitudes Toward Violence in the Evolution of the Anglo-American “Retreat Rule”
Paul H. Robinson & John M. Darley, Study 6: Use of Force in Defense of Property
Section 19. Mistake as to a Justification
The Case of Richard John Jahnke, Jr. (#93)
The Law
Wyoming Statutes (1982)
Wyoming Cases
Model Penal Code Sections 3.09, 3.05, 2.10
Overview of Mistake as to a Justification
Hypothetical: Moro’s Mistake (#94)
Notes
People v. Young
Problems
Killing a Batterer While He Sleeps (#95)
Warm-Up for Watergate (#96)
Executing Abortionists (#97)
Discussion Issue and Materials
Issue: Under What Circumstances (if Any) Should Victims of Domestic Violence Obtain a Mitigation or Defense for Killing Their Abusers?
Joshua Dressler, Battered Women and Sleeping Abusers: Some Reflections
Kit Kinports, The Myth of Battered Woman Syndrome
Part VI.b. Excuse Defenses
Overview of the Nature of Excuses
Section 20. Mistake Excuses
The Case of Julio Marrero (#98)
The Law
New York General Laws (1977)
Model Penal Code Sections 2.04, 2.02
Overview of Mistake of Law Excuse
Hypothetical: Sophie’s Stand (#99)
Notes
United States v. Anthony
Problems
Parking Lot Lottery Ticket (#100)
Cultural Marriage Differences (#101)
Discussion Issue and Materials
Issue: Should the Criminal Law Recognize an Excuse Defense for a Reasonable Mistake of Law?
George P. Fletcher, Arguments for Strict Liability: Mistakes of Law
Dan M. Kahan, Ignorance of the Law Is an Excuse—But Only for the Virtuous
Section 21. Insanity
The Case of Andrew Goldstein (#102)
The Law
New York Penal Code (1999)
New York Case
Model Penal Code Sections 4.01, 4.02
Overview of the Insanity Defense
Notes
Lisa Callahan et al., Insanity Defense Reform in the United States—Post-Hinckley
United States v. Brawner
Problems
Cinema as Life: Assassinating the President (#103)
Multiple Personalities, Same Body (#104)
Saving Her Children from Eternal Damnation by Drowning Them (#105)
Discussion Issue and Materials
Issue: How Should the Criminal Law Deal with Persons Whose Mental Illness Makes Them Both Blameless and Dangerous?
Paul H. Robinson, The Criminal-Civil Distinction and Dangerous Blameless Offenders
Christopher Slobogin, A Jurisprudence of Dangerousness
Kimberly Kessler Ferzan, Beyond Crime and Commitment: Justifying Liberty Deprivations of the Dangerous and Responsible
Section 22. Disability Excuses
The Case of Patty Hearst (#106)
The Law
United States Code, Title 18 (1974)
Federal Cases
Model Penal Code Sections 2.08, 2.09
Overview of Disability Excuses
Hypothetical: The Brothers’ Brawl (#107)
Notes
Problems
Robbing for the I.R.A. (#108)
Hypnotic Prison Break (#109)
Inducing Rape for Blackmail (#110)
Bomb Collar Robbery Gone Bad (#111)
Overview of Problematic Excuses
Notes
United States v. Alexander
Problems
Chromosome Criminality (#112)
The Brainwashed Defector (#113)
The Abused Becomes the Abuser (#114)
Child Gang Murderer (#115)
Discussion Issue and Materials
Issue: Should the Criminal Law Recognize an Excuse Defense for a Person Who Commits an Offense Because Coercively Indoctrinated with Values and Beliefs that Make the Person Want to Do So?
Paul H. Robinson, Are We Responsible for Who We Are? The Case of Richard R. Tenneson
Richard Delgado, Ascription of Criminal States of Mind: Toward a Defense Theory for the Coercively Persuaded (“Brainwashed”) Defendant
Joshua Dressler, Professor Delgado’s “Brainwashing” Defense: Courting a Determinist Legal System
Part VI.c. Nonexculpatory Defenses
Section 23. Nonexculpatory Defenses
The Case of Melvin Ignatow (#116)
The Law
Kentucky Revised Statutes Annotated (1988)
U.S. Constitution
Model Penal Code Section 1.08
Overview of Nonexculpatory Defenses
Notes
Robinson & Cahill, Law Without Justice, “Controlling Police and Prosecutors” and “Promoting Interests Unrelated to Criminal Justice”
Bowers & Robinson, Perceptions of Fairness and Justice: The Shared Aims & Occasional Conflicts of Legitimacy and Moral Credibility
Problem
Too Late for Justice? (#117)
Discussion Issue and Materials
Issue: Should Statutes of Limitation be Modified to Provide Fewer Acquittals of Blameworthy Offenders?
Model Penal Code Section 1.06 Commentary, Statute of Limitation
Sampling of Statutes of Limitation
Alan L. Adlestein, Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial
Section 24. Entrapment
The Case of John DeLorean (#118)
The Law
United States Code (1982)
Federal Cases
Model Penal Code Section 2.13
Overview of Entrapment
Hypothetical: JJ’s Out (#119)
Notes
United States v. Russell
Problems
A Pickpocket Sting (#120)
Government as Pornographer (#121)
Undercover Trolling at an AA Meeting (#122)
Discussion Issue and Materials
Issue: Should the Criminal Law Recognize an Entrapment Defense?
Model Penal Code Section 2.13 Commentary, Entrapment
Richard H. McAdams, The Political Economy of Entrapment
Paul H. Robinson & Michael T. Cahill, Law Without Justice
PART VII. CHANGING PATTERNS OF CRIMINALITY
Section 25. Rape
The Case of Eric Steven Carlson (#123)
The Law
Michigan Statutes Annotated (2000)
Michigan Cases
Model Penal Code Sections 213.1, 213.2, 213.3, 213.4, 213.5, 213.6, 213.0
Overview of Rape
Notes
State v. Lisasuain
Problem
A Bad Drink or Date Rape? (#124)
Discussion Issue and Materials
Issue: Should Rape Require an Offender’s: (A) Using Force, or Threat of Force; (B) Ignoring Expressed Nonconsent from the Victim (“No Means No”); or (C) Failing to Obtain Affirmative Consent from the Victim (“[Only] Yes Means Yes”)?
Susan Ager, The Incident
Stephen J. Schulhofer, Rape: Legal Aspects
Michelle J. Anderson, Negotiating Sex
Jeb Rubenfeld, The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy
Section 26. Theft and Related Offenses
The Case of Bernie Madoff (#125)
The Law
United States Code (2009)
Model Penal Code Sections 222.1, 223.0, 223.1, 223.2, 223.3, 223.4, 223.6
Overview of Theft and Related Offenses
Hypothetical: Switched Prices (#126)
Notes
Topolewski v. State
Problems
The Lufthansa Heist (#127)
Who is Stealing from Whom (#128)
The Empty Bank Account (#129)
Discussion Issue and Materials
Issue: Should Insider Trading Be Criminalized, and If So, With What
Limitations?
John P. Anderson, Greed, Envy, and the Criminalization of Insider Trading
Daniel J. Bacastow, Due Process and Criminal Penalties Under Rule 10b-5: The Unconstitutionality and Inefficiency of Criminal Prosecutions for Insider Trading
William A. Haddad, The Newman Decision and Its Ramifications
Stuart Green, Lying Cheating, and Stealing: A Moral Theory of White-Collar Crime
Section 27. Possession Offenses
The Case of Weldon Angelos (#130)
The Law
United States Code (2002)
Model Penal Code Sections 5.06, 5.07
Overview of Liability for Possession
Notes
Problems
Possessing Cocaine? (#131)
Buying Weight (#132)
Discussion Issue and Materials
Issue: Is it Permissible for the Criminal Law to Prohibit “Mere” Possession — Of Drugs, Firearms, Or Anything Else — Without Requiring an Explicit Risk of Harm or Intent to Do Harm? If so, for What Reasons and Under What Circumstances?
Douglas N. Husak, Guns and Drugs: Case Studies on the Principled Limits of the Criminal Sanction
Andrew Ashworth, The Unfairness of Risk-Based Possession Offences
Judge James S. Gwin, Juror Sentiment on Just Punishment: Do the Federal Sentencing Guidelines Reflect Community Values?
Section 28. Corporate Criminality
The Case of Ford Motor Company (#133)
The Law
Burns Indiana Statutes Annotated (1978)
Indiana Case
Model Penal Code Section 2.07
Overview of Corporate Criminality
Hypothetical: Evergreen Greenbacks (#134)
Notes
Commonwealth v. Beneficial Finance Co.
Problems
The Shield that Hurts (#135)
C.E.O. of the Baltimore Rodents (#136)
Discussion Issue and Materials
Issue: Should Criminal Liability Be Imposed Upon a Legal Fiction, Such as a Corporation?
John Coffee, Corporate Criminal Responsibility
Daniel R. Fischel & Alan O. Sykes, Corporate Crime
Lawrence Friedman, In Defense of Corporate Criminal Liability
Andrew Ashworth, A New Form of Corporate Liability?
Section 29. Criminal Law in the Technological Age
Overview of Computer-Related Crimes
Catherine Pelker et al., Computer Crimes
Child Pornography and Obscenity on the Internet
Carissa Byrne Hessick, Redefining Child Pornography Law: Crime, Language and Social Consequences
United States v. Romm
Computer Fraud, Spam, and Identity Theft
Jennifer Lynch, Identity Theft in Cyberspace: Crime Control Methods and Their Effectiveness in Combating Phishing Attacks
Illegal Prescription Drugs
Statement of Joseph T. Rannazzisi, Deputy Assistant Administrator for the Office of Diversion Control at the Drug Enforcement Administration of the United States Department of Justice
Malicious Communications, Hate Crimes, and Cyberbullying
Todd D. Erb, A Case for Strengthening School District Jurisdiction to Punish Off-Campus Incidents of Cyberbullying
United States v. Drew
APPENDIX. MODEL PENAL CODE (SELECTED PROVISIONS)
Table of Cases
Table of Model Penal Code References
Index
Table of Problem Cases
Section 1: The Nature of Criminal Law and Its Structure
#1 Hypothetical: Fear, Pain, and Bubble Gum
#2 Hypothetical: Fear of the Daggers
#3 Hypothetical: Your Basement Burglar
Section 2: The Legality Principle
#4 The Case of Ray Brent Marsh
#5 The Human Puppet Master
#6 Is a Fetus Less Human than Human?
#7 Gangsters Can’t Stop
#8 Marsh Continued . . .
Section 3: Theories of Punishment
#9 The Case of Sara Jane Olson
#10 Hypothetical: Daughters’ Mustard
#11 Sara Jane Olson—Revisited
#12 Stopping Desertions in a Time of War
#13 Air Conditioning Fraud as Strike Three
Section 4: Culpability Requirements
#14 The Case of Thomas Fungwe
#15 The Case of Raymond Lennard Garnett
#16 Hypothetical: Babies and Ditches
#17 A Vegan Death
#18 Cut!
#19 The Weight of Authority
#20 Rough Play
Section 5: Culpability and Mistake
#21 The Case of Thomas Laseter
#22 Stomach, Kidney, Whatever
#23 Life-Saving Necrophilia
Section 6: Homicide: Doctrines of Aggravation
#24 The Case of Sabine Davidson
#25 Hypothetical: Visiting a Witness
#26 An Exxon Kidnap Gone Bad
#27 Fleeing as Murder
#28 A Robbers’ Dispute
#29 Killing Your Co-Felon Through a Gun Battle with Police
Section 7: Death Penalty
#30 The Case of William King
#31 Drunk Driving as Capital Murder
#32 Child Rape and the Death Penalty
#33 The Original Nuclear Proliferation
Section 8: Homicide: Doctrines of Mitigation
#34 The Case of John Gounagias
#35 The Vigilante Mother
#36 A Mercy Killing as His Last Act
#37 Escaping the Aliens
Section 9: Causation
#38 The Case of Joe Paul Govan
#39 Hypothetical: Manny the Master
#40 Two Killers, One Killing
#41 Pulling Out His Own Tubes
#42 A Patriotic Suicide
#43 A Jump to Escape, and Drown
#44 Can You Be Your Own Intervening Actor?
Section 10: Attempt Liability
#45 The Case of Robert Jackson
#46 Hypothetical: A Plan to Kill
#47 Second Thoughts on a Holiday Breakout
#48 No Risk, No Foul?
#49 Killing with AIDS
Section 11: Impossibility
#50 The Case of John Henry Ivy
#51 Hypothetical: The Smuggler’s Deceit
#52 Lethal Spitting
#53 An Impossible Rape
#54 In re “The Nose . . . ”
Section 12: Conspiracy
#55 The Case of Sheik Omar Abdel Rahman
#56 Arranging a Birthday Party Fight, or a Killing?
#57 Truck Driver or Drug Smuggler?
#58 Cannibal Cop or Harmless Fantasizer?
#59 No Risk, No Foul—Revisited
Section 13: Voluntary Intoxication
#60 The Case of Jordan Weaver
#61 Hypothetical: Food for Thought
#62 Poker Interrupted
#63 Blacked Out Drunk, Murderer
#64 Escaping the Aliens—Revisited
Section 14: Complicity
#65 The Case of Cardinal Bernard Law
#66 Hypothetical: Bib Tries to Help
#67 Wrong Place, Wrong Race
#68 Call-Girl Phone Service
#69 Cheering on Rapists
#70 Murder by Cop?
Section 15: The Act Requirement and Liability for an Omission or Possession
#71 The Case of David Cash
#72 Hypothetical: Dunning’s Deal
#73 Can a Mother Rape a Daughter Through a Husband?
#74 Stepping Over the Corpse in Aisle 3
Section 16: Lesser Evils Defense
#75 The Case of the Israeli General Security Service
#76 Hypothetical: A Life-Saving Break-In
#77 Torture to Save a Kidnap Victim
#78 Fight, Submit, or Escape
#79 No to Nuclear Power
#80 Burning Out the Local Crack House
#81 The Bomb Thief
#82 Life-Saving Necrophilia—Revisited
#83 Hypothetical: Biker’s Break
Section 17: Public Authority Justifications
#84 The Case of Officer Elton Hymon
#85 Aggressive Fishing
#86 Keeping Rodney King Down
#87 Killing Your Co-Felon Through a Gun Battle With Police—Revisited
Section 18: Defensive Force Justifications
#88 The Case of Bernhard Goetz
#89 Hypothetical: Rosie’s Home Run
#90 Archery and Arson in the Garage
#91 A Homemade Burglary System
#92 In Defense of an Unborn
Section 19: Mistake as to a Justification
#93 The Case of Richard John Jahnke, Jr.
#94 Hypothetical: Moro’s Mistake
#95 Killing a Batterer While He Sleeps
#96 Warm-Up for Watergate
#97 Executing Abortionists
Section 20: Mistake Excuses
#98 The Case of Julio Marrero
#99 Hypothetical: Sophie’s Stand
#100 Parking Lot Lottery Ticket
#101 Cultural Marriage Differences
Section 21: Insanity
#102 The Case of Andrew Goldstein
#103 Cinema as Life: Assassinating the President
#104 Multiple Personalities, Same Body
#105 Saving Her Children from Eternal Damnation by Drowning Them
Section 22: Disability Excuses
#106 The Case of Patty Hearst
#107 Hypothetical: The Brothers’ Brawl
#108 Robbing for the I.R.A.
#109 Hypnotic Prison Break
#110 Inducing Rape for Blackmail
#111 Bomb Collar Robbery Gone Bad
#112 Chromosome Criminality
#113 The Brainwashed Defector
#114 The Abused Becomes the Abuser
#115 Child Gang Murderer
Section 23: Nonexculpatory Defenses
#116 The Case of Melvin Ignatow
#117 Too Late for Justice?
Section 24: Entrapment
#118 The Case of John DeLorean
#119 Hypothetical: JJ’s Out
#120 A Pickpocket Sting
#121 Government as Pornographer
#122 Undercover Trolling at an AA Meeting
Section 25: Rape
#123 The Case of Eric Steven Carlson
#124 A Bad Drink or Date Rape?
Section 26: Theft and Related Offenses
#125 The Case of Bernie Madoff
#126 Hypothetical: Switched Prices
#127 The Lufthansa Heist
#128 Who is Stealing from Whom
#129 The Empty Bank Account
Section 27: Possession Offenses
#130 The Case of Weldon Angelos
#131 Possessing Cocaine?
#132 Buying Weight
Section 28: Corporate Criminality
#133 The Case of Ford Motor Company
#134 Hypothetical: Evergreen Greenbacks
#135 The Shield that Hurts
#136 C.E.O. of the Baltimore Rodents
Section 29: Criminal Law in the Technological Age